Responsible Official and CertificationsDescribes the annual compliance certification and deviation reports required by the federal operating permit.http://www.tceq.texas.gov/permitting/air/titlev/ro_and_certs.htmlhttp://www.tceq.texas.gov/@@site-logo/tceqlogo-3colors.gif

Responsible Official and Certifications

Title 30 TAC § 122.132(e) (relating to “Application and
Required Information for Initial Permit Issuance, Reopening,
Renewal, or General Operating Permits”) and
30 TAC § 122.165 (relating to “Certification by a
Responsible Official”) require that a Responsible Official
(RO), or appropriate designee, shall certify all documents
submitted to the Texas Commission on Environmental Quality (TCEQ)
in support of a federal operating permit (FOP), or that are
required by
30 TAC Chapter 122 or by an operating permit condition(s).
This includes application information, as well as any other reports
required under associated federally applicable requirements,
including but not limited to compliance monitoring, recordkeeping,
testing, or reporting submittals.

This certification does not extend to the information on the
forms designated by the TCEQ as information for reference only.

The RO is an individual authorized by the owner or operator of a
site as a representative in matters pertaining to the operating
permit issued for the site. However, depending on the type of
business or source,
30 TAC § 122.165 denotes who may be the RO. Only one RO may
designated at any given time. The RO is originally designated on
the
Form OP-1 (Site Information Summary) submitted with the initial
application. New RO appointments are made using
Form OP-CRO2 (Change of Responsible Official.)

The Designated Representative (DR) and Alternate Designated
Representative (ADR) apply to the Acid Rain Program sources. The DR
and ADR have signature authority for acid rain affected sources.
These persons are designated using the EPA Certificate of
Representation. A revised Certificate of Representation must also
be submitted to the EPA for changes in the DR or ADR. The DR or ADR
may also be the RO if he/she has been designated as the RO on
Form OP-1 or
Form OP-CRO2.

An RO, DR, or ADR cannot certify information unless they have
signature authority on the date the
Form OP-CRO1 is signed. The effective date of the RO, DR, or
ADR certifying to the change will be based on one of the
following:

The date the initial FOP application was submitted, if the name
of the RO certifying the application was included in the initial
application submittal on
Form OP-1; or

The date the initial EPA Form 7610-1 (Certificate of
Representation) was signed, if the name of the DR or ADR certifying
the application was included in the initial submittal of EPA Form
7610-1; or

The Appointment Effective Date of a new RO, DR, or ADR on
Form OP-CRO2.

Pursuant to
30 TAC § 122.165(c), a RO representing a corporation or military
base may choose to delegate signature authority to a Duly
Authorized Representative (DAR). Such delegation may be made to an
individual that has responsibility for the overall operation of one
or more manufacturing, production, or operating facilities applying
for, or subject to, a federal operating permit. If the RO authority
is being delegated to a DAR, a completed and signed
Form OP-DEL entitled “Delegation of Responsible
Official” must also be submitted in order for the DAR
certification to be valid.
Form OP-DEL need not be included in subsequent submittals
unless there is a new appointment or an administrative information
change regarding the DAR. Multiple DARs can be appointed for an
application. If at any time a DAR should be removed, the applicant
must submit a request by letter to the TCEQ APD.

Title 30 TAC § 122.165, relating to “Certification by a
Responsible Official,” states that the TCEQ shall be notified
of any appointment of a new Responsible Official (RO), and the
Form OP-CRO2 is used for that purpose. Notification of
appointments of new Designated Representatives (DR) and/or
Alternate Designated Representatives (ADR) are also required. A
revised U.S. Environmental Agency (EPA) form entitled,
“Certificate of Representation” must also be submitted
to the U.S. EPA., and a copy submitted to the TCEQ, for changes of
DR and/or ADR. In order to maintain accurate records regarding
applications and permits, the TCEQ also requires that
administrative information changes (e.g., address, phone number, or
title) for the RO, DR, or ADR be reported.
Form OP-DEL should be submitted for administrative information
changes for the DAR.

All forms must be submitted to TCEQ Air Permits Division in
Austin in order to be processed. Forms sent to the regional offices
or other TCEQ program areas may not be processed.